Impact Assessment for HB1651
Sponsored by Representative Crawford
Subtitle TO CREATE THE OFFENSE OF AGGRAVATED ASSAULT IN A PUBLIC CHANGING
FACILITY.
Impact Summary 1 Minimal, affecting fewer than ten (10) offenders per year.
Change from Current Law 2 Amends Arkansas Code Title 5, Chapter 13, Subchapter 2 to add an additional
section creating a new offense, Aggravated assault in a public changing facility. Under the proposed bill, a
person commits aggravated assault in a public changing facility if he or she purposely engages in conduct that
creates a substantial risk of serious physical injury to another person while in a public changing facility . The
conduct included in the new offense is a Class D felony.
Under current law, the conduct is potentially criminalized under A.C.A. § 5-13-204, Aggravated assault, a Class
D felony, without limitation to the location of the occurrence.
Impact Information The proposed bill creates a new offense by which a person commits Aggravated assault.
The statutory elements of the proposed bill are potentially covered under existing criminal code. For this reason,
the proposed bill is expected to have a minimal impact on correctional resources.
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1 This impact assessment was prepared 3/28/2023 8:41 AM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. A micro-simulation
model may be used for bills which have the potential for significant impact on correctional resources. The following designations will be
used: “minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC inmate costs;
and “major” = would require budgetary increases for ADC inmate costs and construction costs for additional beds.
2 Standard punishment ranges: Misdemeanors
Class Y 10-40 years or life Class C 3-10 years; up to $10,000 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000 Class D 0-6 years; up to $10,000 Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000 Unclassified As specified in statute Class C Up to 30 days; up to $500
A.C.A. § 5-13-204. Aggravated assault.
(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value
of human life, he or she purposely:
(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person;
(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to
another person; or
(3) Impedes or prevents the respiration of another person or the circulation of another person's blood by applying
pressure on the chest, throat, or neck or by blocking the nose or mouth of the other person.
(b) Aggravated assault is a Class D felony.
(c) The provisions of this section do not apply to:
(1) A law enforcement officer acting within the scope of his or her duty; or
(2) A person acting in self-defense or the defense of a third party.
History
Acts 1975, No. 280, § 1604; A.S.A. 1947, § 41-1604; Acts 2003, No. 1113, § 1; 2009, No. 332, § 1; 2019,
No. 243, § 1.